Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:4736
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 144 of 2025 1 - Chintamani Patel S/o Shri Lochan Patel Aged About 50 Years R/o Village- Rajpur Barnaidadar, Thana- Basna District – Mahasamund (C.G.) 2 - Santlal Bariha S/o. Shri Ramji Bariha Aged About 33 Years R/o Village- Rajpur Barnaidadar, Thana- Basna District – Mahasamund (C.G.) 3 - Hitesh Patel S/o. Shri Hariram Patel Aged About 32 Years R/o Village- Rajpur Barnaidadar, Thana- Basna District – Mahasamund (C.G.)
... Applicant versus The State of Chhattisgarh Through The Forest OfÏcer, Forest Range Barnawapara, District – Balodabazar-Bhatapara (C.G.)
... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 27.01.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime/POR No. 16391/04 registered at The Forest OfÏcer, Forest Range Barnawapara, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 9, 27, 31, 39, 50, 51 and 52 of the Wild Life Protection Act, 1972. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.01.27 17:57:21 +0530
2
2. The prosecution story, in brief, is that the OfÏcers of the Forest Department Barnawapara range have seen that the meet of spotted deer (Chital) was kept by Swift the co-accused persons in Maruti Shift Car bearing registration No. CG-04-DD-0810 during the search security guard seen them but the applicants and others trying to run away after broke the barrier and thrown the said meet outside of the car therefore the forest ofÏcers have caught hold the co-accused Anil and Hetram recorded their statement in which they named the present applicants so the forest ofÏcers sought to arrest them and after completion of the investigation charge-sheet has been filed against the co-accused person who were arrested on spot. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. It is submitted that there the co-accused persons have been granted regular bail this Court vide order dated 16.12.2024 passed in MCRC No. 8769/2024. Therefore, he prays for grant of anticipatory bail to the applicants. 4.
On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused persons have been granted regular bail this Court vide order dated 16.12.2024 passed in MCRC No.
3 8769/2024, at this stage without expressing any opinion on merits, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Chintamani Patel, Santlal Bariha and Hitesh Patel on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar